What Happens at the Roadside
A DUI investigation typically begins with a traffic stop. Police may pull you over for a traffic violation, erratic driving, or at a RIDE checkpoint. At the roadside, the officer will observe your behaviour — your speech, your eyes, the smell of alcohol — and ask you questions about where you have been and whether you have been drinking.
If the officer suspects you have alcohol in your body, they can demand that you provide a breath sample into an Approved Screening Device (ASD) at the roadside. Under section 320.27 of the Criminal Code, police can now make this demand of any lawfully stopped driver — they no longer need a specific reason to suspect you have been drinking. This is known as mandatory alcohol screening, introduced by Bill C-46 in 2018.
If the ASD registers a “fail,” the officer will arrest you for impaired driving and transport you to the police station.
What Happens at the Station
At the station, you will be read your rights, including your right to counsel under section 10(b) of the Canadian Charter of Rights and Freedoms. You must be given a reasonable opportunity to contact a lawyer of your choice — or duty counsel — before providing a breath sample on the station’s approved instrument (a more precise breathalyzer than the roadside ASD).
You are required to provide two breath samples, typically taken about 15 minutes apart. If either sample registers at or above 80 milligrams of alcohol per 100 millilitres of blood, you will be charged with “over 80” under section 320.14(1)(b). If the officer observed signs of impairment — slurred speech, unsteady gait, bloodshot eyes, poor coordination — you may also be charged with impaired driving under section 320.14(1)(a).
Every step of this process matters. If the officer failed to advise you of your right to counsel, delayed providing access to a lawyer, improperly operated the breathalyzer, or failed to follow the required procedures, the evidence obtained may be excluded under section 24(2) of the Charter. This is how many DUI cases are won.
Release Conditions
After being charged, you will typically be released from the station on an undertaking or a recognizance with conditions. Common release conditions for a first DUI include a promise to appear in court on a specified date, a condition not to operate a motor vehicle, and sometimes a condition not to consume alcohol.
Your driver’s licence will also be subject to an immediate 90-day administrative suspension imposed by the Ministry of Transportation of Ontario. This suspension takes effect at the roadside and applies even though you have not yet been convicted of anything. It is separate from any criminal driving prohibition that may be imposed later.
Your First Court Appearance
Your first court appearance is typically a brief procedural step. You will not enter a plea, and the case will not be decided. The purpose is to confirm your identity, set a schedule for the Crown to provide disclosure (the evidence against you), and adjourn the matter to a future date.
Between court appearances, your lawyer will review the disclosure package — including the officer’s notes, breathalyzer certificates, video recordings, and any other evidence. This review is critical. The disclosure is where defences are found: procedural errors, Charter violations, gaps in the Crown’s evidence, and weaknesses in the breathalyzer results.
Mandatory Minimums for a First Offence
If you are convicted of impaired driving or over 80 as a first offence, the Criminal Code prescribes the following mandatory minimum penalties:
- A $1,000 fine
- A one-year driving prohibition
These minimums apply regardless of the circumstances. The maximum penalty for a first offence, if proceeded by indictment, is 10 years imprisonment — though jail is uncommon for a straightforward first offence without aggravating factors.
Beyond the criminal sentence, a first DUI conviction triggers a cascade of consequences: you must complete Ontario’s Back on Track remedial program, install an ignition interlock device for at least one year, and pay licence reinstatement fees. Your vehicle insurance premiums will increase dramatically — often by $5,000 to $10,000 per year or more — and some insurers will refuse to cover you at all.
The Streamlined Path vs. Fighting the Charge
There is overwhelming pressure on first-time DUI defendants to plead guilty early. The Crown often presents what appears to be a straightforward resolution: plead guilty, pay the $1,000 fine, accept the one-year driving prohibition, and move on.
We push back.
What the streamlined path does not tell you is that a guilty plea results in a permanent criminal record. That record will appear on every background check for the rest of your life unless you apply for and receive a record suspension — a process you cannot even begin until five years after completing your sentence. It will affect your employment, your professional licensing, and your ability to travel to the United States.
The reality is that many first DUI charges have viable defences. In our practice, we regularly see cases where the evidence can be challenged:
- In R v. A.G., our client was charged with over 80. We retained a toxicologist to calculate the accused’s blood alcohol level at the time of driving, which was below the legal limit. The charge was resolved to careless driving under the Highway Traffic Act — no criminal record.
- In R v. L.A., our client was charged with over 80. We successfully argued that the breathalyzer readings should be excluded from evidence. The client was acquitted.
- In R v. M.P., our client was charged with over 80. We brought a section 8 Charter application after discovering the client had been subjected to an illegal strip search. The breath test results were excluded and the client was acquitted.
These are not anomalies. They are the result of careful review of the disclosure and experienced advocacy.
Insurance Consequences
A DUI conviction is one of the most expensive events that can happen to your insurance profile. Ontario auto insurers treat a criminal impaired driving conviction as a major conviction, which typically results in:
- An immediate increase in premiums of $5,000 to $10,000 per year or more
- Placement in the high-risk insurance pool, with some standard insurers refusing to renew your policy
- The conviction affecting your rates for at least six years, and often longer
Over the years following a first DUI conviction, the total insurance cost alone can exceed $50,000. This is in addition to the criminal fine, legal fees, the interlock device, the Back on Track program, and licence reinstatement costs.
The US Travel Ban
A criminal DUI conviction makes you inadmissible to the United States under U.S. immigration law. U.S. Customs and Border Protection has real-time access to Canadian criminal records through shared law enforcement databases. You can be — and regularly are — turned away at the border.
To regain admissibility, you would need to apply for a U.S. Entry Waiver, which involves a lengthy application process and is not guaranteed. The waiver must be renewed periodically. For many Ontarians who live near the border, travel regularly to the U.S. for work or leisure, or have family in the United States, a DUI conviction creates a significant and lasting barrier.
Why You Should Fight It
A first DUI charge is not a conviction. The Crown must prove every element of the offence beyond a reasonable doubt, and the police must have followed every procedural requirement. In practice, there are often errors — in the stop, the arrest, the right to counsel, the breathalyzer procedure, or the evidence of impairment itself.
The consequences of a conviction are severe and long-lasting: a criminal record, a driving prohibition, an interlock device, insurance increases that can cost tens of thousands of dollars, and a ban from entering the United States. The consequences of fighting the charge and winning are none of these things.
If you have been charged with your first DUI in Ontario, do not plead guilty without speaking to a criminal defence lawyer. Contact us. We will review your disclosure, identify every available defence, and give you an honest assessment of your options.